7 Nov 2013
LYNN & OR v A C FRYER & SONS LTD [2013] NZHC 2942
- Citation
- [2013] NZHC 2942
- Court
- High Court
The court found A C Fryer & Sons Ltd and its director Robert Fryer knew clearing Lot 2 required resource consent but made false representations (brochure, agent's oral statements, scheme plan, solicitor's letter) that induced Lynn/Lynn Brothers Farming Ltd to contract; those representations were misleading and deceptive in trade and actionable under the Fair Trading Act and converted into contractual terms under the Contractual Remedies Act, entitling LBF to the difference in value plus wasted costs; conversely, Peter Wild was not proved negligent despite having assumed responsibility, so neg…